Coming 360 The Causes & Consequences of WhiteCollar Crime in Relation to Societal Racism An Argumentative Report By Kelsey Mazibuko 24904996 ProfCom 144 (2024) Table of Contents COVER PAGE.......................................................................................................................................................... 1 DESCRIPTION PAGE...............................................................................................................................................2 TABLE OF CONTENT...............................................................................................................................................3 INTRODUCTION ........................................................................................................................... 4 CONCEPTUALISATION .................................................................................................................. 4 CAUSES OF WHITE-COLLAR CRIME ............................................................................................... 4 SYSTEMIC INEQUALITY ........................................................................................................................... 4 SOCIETAL PERCEPTIONS ........................................................................................................................ 5 CONSEQUENCES OF WHITE-COLLAR CRIME ................................................................................. 7 INSTITUTIONAL MISCONDUCT.................................................................................................................. 7 COUNTERARGUMENT ................................................................................................................... 7 REBUTTAL .................................................................................................................................... 7 CONCLUSION .............................................................................................................................. 9 BIBLIOGRAPHY .......................................................................................................................... 10 Introduction White collar crime can be defined as "white by default" due to systemic exclusion and marginalisation of non-whites in environments with financial, political and economic influence. The term refers to a style of crime that requires access to material and social resources that exploits those sources and expedites the allocation of these resources for personal gain at the detriment of societal welfare (Geis, G. 1991). This report aims to explore the causes of white-collar crime and its continuous perpetuation of white participation. The expansion of the report will be guided through the arguments of system inequality, societal perceptions and institutional misconduct. Conceptualisation The term “white-collar crime” was conceived by Edwin H. Sutherland in his article ‘White-Collar Criminality’ where it was highlighted that criminal activity executed by respect businesses and professional men was overlooked by society and authorities. (Sutherland, 1940.) Sutherland’s article was published over 80 years ago and many of his insights hold true to today however he could not account for the scalability that white-collar crimes could expand to with the introduction of the internet, digitalised banking and growth in globalized economies. Suddenly the effect of this type of offence is no longer restricted by geographical bounds and the conversation of ethical conflict is debated across nations and cultures. Causes of White-Collar Crime Systemic Inequality Access to higher quality education, better living standards and higher income received from higher paying positions are all social norms experienced by a predominantly white demographic. Tools such as generational wealth open opportunities to larger pools of credit and at more favourable interest rates (Sohoni & Rorie, 2021) allow for the planting of seeds in large scale swindle schemes like pyramid schemes simply because of trusted and guaranteed flow of money that is not easily granted to nonwhite counterparts. Building on this argument, one will see how social perceptions further enable opportunities for white-collar crime. Societal Perceptions The societal image of criminal is socially conditioned to reflect a portrait of violence and immorality with non-whites at the helm of the paint brush (Zaloznaya, Yakes & Wo, 2023). The investigating and persecuting efforts of white-collar crimes is lenient because of two reasons: Firstly, the act of a non-violent crime is not treated with a sense of urgency since its effects are a tidal pool of subsequent events; Secondly the main culprits are from wealthy, family oriented white backgrounds that do not match the description of violence and immoral that society has been conditioned to consider dangerous. In a survey conducted by Thomas E. Dearden, it was found that 74 percent (%) of responders consider white-collar crime as a crucial issue (Dearden, 2017). 74 percent of those respondents are discontented with the current legislative handling of cases whilst the reminder of the respondents that more conservative or reflect similar lifestyles to white-collar crime offenders expressed that white-collar crime is not a pressing societal issue. See Figure 1 illustrating the proportion of responses. 26 74 Those that Agree That White Collar Crime is A Crucial Societal Issue Those that Do Not Agree That White Collar Crime is A Crucial Societal Issue FIGURE 1 - Percentage of Responders (%) (Dearden, 2017). A distorted portrait of archetypal crime and offenders created from a lack of systemic data on business misconduct and wrong doings. In the context of American society, most records to date have often compared the faces of minority criminals to law abiding white citizens resulting in an overestimation in the number of black citizens committing crimes and receive more severe sentencing. If crime committed by businesses was more accurately captured the portrait would reflect more white perpetrators than it does non-white offenders. A study showed that white survey respondents overestimated the proportion of crime committed by African Americans by 20-30%. (Simpson, 2019) See Figure 2 illustrating the proportion of responses in comparison to actual crimes recorded. Adjusted & Reevaluated Data Responders Perceiption 0 1 2 3 4 5 6 7 8 9 10 Arbitary Scaling of The Percentage of Crimes Commited FIGURE 2 - The Reflections of Responders vs. Systemic Data on Offences (Simpson, 2019) The catalysing instances of systemic inequality and misconstrued societal perceptions lead to tangible consequences like institutional misconduct. Consequences of White-Collar Crime Institutional Misconduct The poor enforcement of regulatory bodies and lack of firm disciplinary procedures creates an incentivising environment for opportunities of exploitation. Poorly worded or established laws may leave room for offenders to execute harmful acts without having technically infringing on the stipulations (Sohoni & Rorie, 2021). There is a correlation between institutional misconduct, race and class and this is often demonstrated through the lack of enforced accountability and repercussions (Zaloznaya, Yakes & Wo, 2023). An institution’s commitment to transparency and ethical practices are fundamentals of prevention. If the narrative of ethics and transparency is misconstrued in the workplace culture, this links directly to the creation of opportunistic windows. Counterargument One may take the stance of stating that white-collar crime is not linearly correlated to racism, suggesting that individual offenders are motivated by opportunity and socioeconomic gain instead of ethical or racial factors. The socioeconomic standing of a person is driving force of motivation, diminishing the impact of race quantitively has when participating in white-collar criminal behaviour. Anybody could be an offender if presented with the right tools and circumstances. Rebuttal While it is important to acknowledge the significance that economic motivators and opportunities have – It is equally important to consider the foundation on which those opportunities arise from – namely systemic racism and marginalization of access to said opportunities. South African’s historical frameworks serve as tangible examples of this exclusion of economic participation from the non-white demographic (Muto & Price, 2019). The nature of white-collar crime suggests that an individual must be in a position of power to take advantage of institutional and legislative grey areas and loopholes. Legislation such as BBBEE aims to create a more equitable economic plane by enforcing that businesses are required to have their employee and leadership consist of certain racial proportions (Republic of South Africa, 2003). This specific act was only introduced in the mid-2000s meaning that many private companies and closed cooperations at the time did not have to comply with the leadership element of this Act due to the expensive and time-extensive nature of changing directors or the dissolvement of businesses. Alluding to the point that those who cannot participate, cannot abuse opportunities due to no access. In Muto and Price’s 2019 paper, the found that certain responders suggested that their race was a consideration when deciding to go forth with white-collar crime. It suggested that people were more reluctant to steal from members of their shared race. One could deduce that if most of the big Fortune 500 companies in South Africa had predominantly black leadership on their boards, there would be a considerable decrease in white-collar crime given that 80% of South Africa’s population is blackAfrican. Conclusion White-collar crime is not individualistic in nature. It is the deeply integrated and woven connection of systemic loopholes and timing of opportunistic people who use the framing of societal outlooks to extend those windows of opportunity for as long as possible until social welfare deterrents to a point that is too blatant to ignore. Systemic inequality favours a predominately white audience gives way to access to large pools of funding and adequate higher education acting as a significant cause of white-collar crime. The lack of systemic data on corporate misconduct has caused distortions on what is considered white-collar crime and faces of culprits. The lack of applied regulations and framework guidance provides environments filled with exploitation and windows of opportunities for self-gain and manifests as institutional misconduct. Systemic inequality, social perceptions and institutional misconduct in combination provide the platform to execute white-collar crimes with white privilege acting as the catalyst and preserver. 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